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<br />EXHIBIT D <br /> <br />CITY OF SAN LEANDRO <br />STATE OF CALIFORNIA <br /> <br />MAINTENANCE BOND <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />WHEREAS, the City of San Leandro, State of California, has awarded to Monument Arts, <br />Inc., hereinafter designated as the "Principal," a contract for San Leandro Civic Center Public <br />Safety Monument; and <br /> <br />Whereas, said Principal is required under the terms of said contract to furnish a bond for the <br />correction of any defects due to defective materials or workmanship in the work performed under <br />said contract. <br /> <br />NOW, THEREFORE, we the Principal, and as Surety, are <br />held and firmly bound unto the City of San Leandro in the penal sum of EIGHT THOUSAND <br />THREE HUNDRED FIFTY DOLLARS ($8,350.00), lawful money of the United States for the <br />payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, <br />administrators, successors, or assigns jointly and severally, firmly by these presents. <br /> <br />THE CONDITION OF THIS OBLIGATION IS SUCH that if, during a maintenance period of <br />one (1) year from the date ofrecordation of the Notice of Completion by the City, the Consultant <br />upon receiving written notice of a need for repairs which are directly attributable to defective <br />materials or workmanship, shall diligently take the necessary steps to correct said defects within <br />seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise <br />it shall remain in full force and effect. <br /> <br />If any action shall be brought by City upon this bond, a reasonable attorney's fee, to be fixed by <br />the court, shall be and become a part of City's judgment in any such action. <br /> <br />No right of action shall accrue on this bond to, or for the use of, any person or corporation other <br />than the City named herein or the heirs, executors, administrator, or successor of the City. <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Monument Arts, Inc. <br /> <br />1/9/06 <br />Page 21 of24 <br />